Law

Subcategories:
Clear

Entry Category: Law

Fooy, Samuel W. (Execution of)

On September 3, 1875, a Native American man named Samuel W. Fooy was among the first six men to be executed in Fort Smith (Sebastian County) under “hanging judge” Isaac Parker. Fooy was convicted of robbing and killing a Kansas schoolteacher in Indian Territory several years earlier. Sam Fooy was born in Sebastian County in 1849. He was part Cherokee; his father was James E. Fooy of Memphis, Tennessee, and his mother was named Mary Ann. Sam married Amanda Talitha Beattie, and by 1872 they were living near Webbers Falls in the Cherokee Nation (in present-day Oklahoma). At the time of Fooy’s death, they had three children. An 1875 article in the Arkansas Gazette described him as “well educated and …

Ford, L. L. (Execution of)

L. L. Ford was one of two men hanged for the 1879 murder of a Crittenden County man, though many believed him innocent and he denied being involved in the crime. On October 26, 1879, four masked men rode up to the home of John Broadway, age fifty-five, about ten miles north of Marion (Crittenden County). One of them was John Potter, who worked for Broadway and believed that Broadway had $300 in his home. When Broadway tried to defend himself, another robber, Hiram Jeffries, shot him down. The four men fled, having netted only eight dollars. Potter, Jeffries, L. L. Ford, and Cal Huey were arrested and charged with Broadway’s murder. Huey got a change of venue to Mississippi …

Fort Smith Sedition Trial of 1988

For seven weeks beginning on February 16, 1988, Fort Smith (Sebastian County) was the site of a major trial in which a twelve-person jury sought to determine the guilt or innocence of fourteen right-wing radicals who were charged with a variety of crimes, most prominently conspiracy to engage in sedition. After hearing from a total of almost 200 witnesses, the jury found none of the defendants guilty. In the almost two-month-long proceeding, federal prosecutors presented evidence intended to prove that ten of the defendants had conspired and plotted to overthrow the federal government while also asserting that the others were guilty of trying to kill a federal judge and a Federal Bureau of Investigation (FBI) agent. According to the scenario …

Fox, Warren (Lynching of)

On July 9, 1915, an African-American man named Warren Fox was lynched in Crittenden County for allegedly murdering a white man named John Millett. There is almost no information available on the principals in this incident. The Arkansas Gazette identified Millett as a “Frenchman and gardener” who worked for G. W. Sims on his plantation at the Crittenden county community of Kanema. Although the Gazette noted that Millett had previously been in Caruthersville, Missouri, and Johnson City, Illinois, he is not listed in census records for Arkansas, Missouri, or Illinois. Similarly, there is no record of an appropriate Warren Fox in Arkansas census records. George W. Sims, however, is well known. He owned extensive property in Crittenden County and worked …

Franklin, Connie (Alleged Murder of)

The alleged murder of Connie Franklin in 1929 scandalized the state and served to reinforce negative stereotypes about Arkansas in the national mass media. The uproar surrounding the apparent murder only increased with the reappearance of the “victim,” alive and well, shortly before the trial of his accused murderers. In January 1929, Connie Franklin wandered into the community of St. James (Stone County), where he found work cutting timber and as a farm hand. He claimed to be twenty-two years old, rather than his actual age of thirty-two. He reportedly courted the town’s girls, particularly sixteen-year-old Tillar (or Tiller) Ruminer. According to later testimony by Ruminer, on March 9, 1929, she and Franklin were going to Justice of the Peace …

Franklin, Monroe (Lynching of)

On August 19, 1912, an African-American man named Monroe Franklin was hanged in Russellville (Pope County) for an alleged attack on an unidentified white woman. Officials believed that a second black man, Pet (sometimes referred to as Pete or Pit) Grey, was also involved. Although the Arkansas Democrat described the lynching as the first in Pope County, research indicates that it was at least the third. John Hogan was lynched there in 1875, followed by Presley Oats in 1897. There is some possible information available on Franklin and Grey. Newspapers reported that Franklin had recently come into the area from Oklahoma. In 1910, there was a twenty-nine-year-old African American named M. F. Franklin living in Bearden Township, Okfuskee County, Oklahoma, …

Frauenthal, Samuel

Samuel Frauenthal was a prominent lawyer and judge in Arkansas in the late nineteenth and early twentieth centuries. With his appointment in 1909, he became the first person of the Jewish faith to serve on the Arkansas Supreme Court. Samuel Frauenthal was born on August 8, 1862, in Louisville, Kentucky. He was one of seven children of Jacob and Yetta Frauenthal, both of whom had been born in Bavaria, Germany. The family moved to Russellville, Kentucky, and Frauenthal received his early education in the Russellville schools. He then attended the local Bethel College, from which he received a BA in 1880. Following his graduation from Bethel, he pursued the study of law, although there are conflicting reports about whether he …

Frederick, Bart (Lynchings Related to the Murder of)

On January 7, 1898, in Little Bay (Calhoun County), African-American men Charley Wheelright (or Wheelwright) and A. A. Martin were lynched for the alleged murder of Bart Frederick, a white man. Jim Cone, another suspect in the case, was probably lynched around the same time. Six months later, Goode Gray (a.k.a. Tobe Gray) was lynched at Rison (Cleveland County) for the same crime. According to the Arkansas Gazette, Bart Frederick was murdered in the first week of January while he was operating a handcart on the Cotton Belt Railroad near Kingsland (Cleveland County), where he was a waterman (a worker who supplied water to the railroad tanks). A letter written by Dr. William Buerhive to Bart Frederick’s brother in Michigan, …

Freedom Suits

In the freedom lawsuits initiated before the Civil War, enslaved people brought suit against enslavers, claiming they were entitled to their freedom. The legal basis for the freedom suits varied. Claims were usually based on the enslaved individual having descended from free ancestors or having been the resident of a free state or territory, a situation that could have nullified their enslavement. However, such suits also arose when a group of enslaved people believed their owner had freed them—usually in a will—and they filed suit to ensure the master’s heirs upheld the legal directive. Freedom suits were usually brought by men, but women also undertook such suits on their own behalf, as well as their children’s, given that the legal …

Fussell, Robert Foreman (Bobby)

Robert Foreman (Bobby) Fussell had a long career as a lawyer championing the legal rights of disabled veterans and the deaf, prosecuting prominent state political figures, and presiding over federal bankruptcy courts. He was a U.S. bankruptcy judge for twenty years, most of them as the chief bankruptcy judge of the Arkansas courts. Bobby Fussell was born on January 1, 1938, at Forrest City (St. Francis County), one of three sons of James V. Fussell Jr. and Dorothy Hall Fussell. His father ran a cotton gin and a service station. Fussell got a degree in business in 1959 and a law degree in 1965 from the University of Arkansas (UA) in Fayetteville (Washington County). He then became a U.S. Army …

Fyler, Eliza A. (Lizzie) Dorman

Lizzie Dorman Fyler was an activist in Arkansas in the latter part of the nineteenth century. Although she died at the age of thirty-five, she had already made a mark as a leader in the temperance movement, and she laid the early foundation for the drive to achieve women’s suffrage in Arkansas. Eliza (Lizzie) Dorman was born on March 11, 1850, in Massachusetts to Dr. Uriah Dorman and Eliza Alma Dorman. She moved with her parents and her mother’s parents to Wisconsin in 1853. While little is known about her youth, she appears to have grown up and received her early education in Wisconsin before marrying Frank F. Fyler in 1870. The couple had a daughter in 1871, by which time …

Gambling (Legal)

The 1874 Arkansas Constitution dealt with only one type of gambling: lotteries. Article 19, section 14, originally prohibited lotteries in all forms in the state. Thus, under the state constitution, gambling aside from lotteries was not originally prohibited and was a matter subject to various state laws. However, the state constitution did not define “lottery,” and this lack of definition allowed horse racing (and the gambling that accompanied it) to take place in the state. In the late 1890s, Sportsman Park was built on the southeastern side of Hot Springs (Garland County), sparking interest in bringing the increasingly popular sport of Thoroughbred racing to Arkansas. In 1902, William McGuigan, a member of the Arkansas General Assembly, bought land on Malvern …

Gardner, Jeff (Lynching of)

On April 18, 1896, a twenty-one-year-old African-American man named Jeff (sometimes called Jefferson) Gardner was hanged in Cleveland County, ten miles north of Warren (Bradley County), for allegedly assaulting the daughter of a white man named Jeff Burrows (sometimes identified as Barrow). News of the lynching first appeared in the Arkansas Gazette on April 21. According to this and other reports, Gardner went to the home of Burrows, described by the Hopkinsville Kentuckian as “a respectable white man living near Warren,” and found only the children at home. One sister was sick, and Gardner allegedly drove other children from the house. The Gazette reported that one little boy attacked Gardner with a hoe in an attempt to protect his older …

Gary v. Stevenson

The Arkansas State Supreme Court adjudicated Gary v. Stevenson, a freedom suit and racial-identity trial, in 1858. It was one of an increasing number of racial-identity suits in the South during the last decade before the Civil War. In this case, Thomas Gary sued slaveholder Remson Stevenson in an attempt to win his freedom from slavery. Gary, aged about sixteen in 1858, whom witnesses described as having sandy-colored hair and blue eyes, appeared to be white. He contended that he was lawfully free because he was the white son of white parents. Stevenson, a slaveholder in Van Buren (Crawford County), countered that Gary was the child of an enslaved mother and therefore not white; this made him a slave for …

Gent v. Arkansas

Gent v. Arkansas was a U.S. Supreme Court case in which an Arkansas law designed to eliminate the distribution of obscene material was challenged. Though it did not touch directly upon the limits of the state’s ability to control obscenity, it did reinforce legal opinion that standards for obscenity must be those applied by the U.S. Supreme Court rather than local standards. In 1961, the Arkansas legislature passed Act 261, which, among other things, purported to eliminate obscene material, which was defined by the current community standards applied by the average person. The legislature based the wording of Act 261 on a model act drafted by the Council for Periodical Distributors Associations (CPDA) designed to give public prosecutors the authority …

Gentry, Thomas Jefferson

Thomas Jefferson (Tom or T. J.) Gentry Jr. served two terms as Arkansas’s attorney general (1953–1956) and, during his tenure, was the state’s most influential racially moderate elected official. He helped guide the state’s initial response to the 1954 Brown v. Board of Education decision, putting the state on an early path that won accolades from national Black press and condemnations from segregationists. Gentry’s (and the state’s) moderation, though, could not survive the rise of massive resistance that followed the Arkansas congressional delegation’s signing of the Southern Manifesto in March 1956. He would never win statewide office again, and a once promising political career had been derailed. Tom Gentry was born in Malvern (Hot Spring County) on April 3, 1915, …

George (Lynching of)

On May 29, 1925, an African American man identified only as George was shot by a mob near Camden (Ouachita County) for allegedly attempting to attack a white woman in nearby Louann (Ouachita County). George, originally from Little Rock (Pulaski County), was working in the oil fields that had sprung up around Camden in the early 1920s. According to a later report, early on May 29, George had come to the home of a widow near Louann, where she lived with her three children. He approached her on the porch and said he had been watching her for some time, “waiting to get [her] alone some time, and now’s good enough.” He grabbed her, but she managed to escape. At …

Gibbs, Mifflin Wistar

Mifflin Wistar Gibbs was a Little Rock (Pulaski County) businessman, a politician, and the first elected African American municipal judge in the United States. Mifflin Gibbs was born on April 17, 1823, in Philadelphia, Pennsylvania, the eldest of four children born to Jonathan and Maria Gibbs. His father, a Methodist minister, died when Mifflin was a child, and his mother worked as a laundress. Gibbs learned carpentry through an apprenticeship. He read widely and attended debates at the Philadelphia Library Company of Colored Persons. He had a chance to practice his own oratory in the 1840s when Frederick Douglass invited him to help conduct an abolitionist lecture tour. Journeying to California soon after the gold rush of 1849, he became …

Gibson, J. W. (Murder of)

On December 23, 1920, in what one newspaper called “One of the most dreadful tragedies that the Negroes of the City of Helena has [sic] ever been called on to witness,” Professor Jacob William (J. W.) Gibson was killed by a night watchman in Helena (Phillips County). Depending on how the word “lynching” is interpreted, this may have been an incident of police brutality, or Professor Gibson may in fact have been lynched. The Arkansas Gazette filed no report on Gibson’s death. The only national coverage appears to be a rather belated report in the Dallas Express, an African-American newspaper published in Texas. Not much is known about Gibson. According to the Express, not only did Gibson teach in Helena, …

Gifford (Lynching of)

A young man named Gifford was shot to death in the Franklin County jail in Ozark (Franklin County) on December 8, 1869, for his role in the murder of a man named Eubanks. Gifford, Eubanks, and Thomas West were all attending “a candy pull at Mr. Shenil’s” in Franklin County on November 26, 1869, when West accosted Eubanks for “having spoken disrespectfully to a lady” at the event. When Eubanks denied the accusation, West pulled a knife and “commenced cutting at him” as Gifford began beating him over the head with a pistol. Eubanks fled his attackers as Gifford fired at him, ultimately collapsing after running “several hundred yards.” Eubanks died around midnight the next day. A posse captured Gifford …

Gilbert, John (Lynching of)

John Gilbert was an African American man lynched on July 20, 1903, near Pinckney Landing on the Mississippi River in Crittenden County following a shootout with his employer. Henry J. Hubert, thirty-five, leased a plantation from S. P. Williford of Memphis, Tennessee, on Cat Island on the Mississippi River about thirty miles south of Memphis. Hubert was known as a largely even-tempered man who “was not known to encourage a quarrel unless he thought an injury had been done him, and then his courage asserted itself without regard for the consequences.” John Gilbert and Jim Hawker were among the people who worked for Hubert, and the pair owed him between $12 and $15. Another local planter named A. L. Tribble …

Gilmore, Felix (Lynching of)

On May 26, 1916, Felix Gilmore (sometimes referred to as Felix/Phelix Gilman or Gillmore) was hanged by a mob near Prescott (Nevada County) for allegedly attempting to assault a seventeen-year-old girl. At the time of the federal census in 1910 (six years before the incident), Gilmore was listed as a ten-year-old African American living in Prescott with his parents, Frank and Pearl Gilmore. His father was working in a sawmill, and his mother was a washerwoman. They were renting their home, and they could all read and write. If the census record is correct, Gilmore was only sixteen at the time of his death, although newspapers reported him to be older. He had apparently been in trouble before. According to …

Glaze, Thomas Arthur (Tom)

Thomas Arthur (Tom) Glaze was a lawyer whose crusade against election fraud in the 1960s and 1970s propelled him into politics and a thirty-year career as a trial and appellate judge. Fresh out of law school in 1964, Glaze went to work for an organization that investigated election fraud and irregularities—an organization secretly funded by Republican Winthrop Rockefeller. The experience consumed him and inspired the rest of his legal career. As a deputy attorney general in 1969, Glaze rewrote Arkansas election laws, although the Arkansas General Assembly drastically weakened his draft before enacting the reforms. He was a justice of the Arkansas Supreme Court for twenty-two years, retiring in 2008. He recounted his battles with what he called “vote thieves” …

Glory, Doghead (Execution of)

On February 4, 1853, a Native American man named Doghead Glory was executed in Benton County for the murder of a white man named David Scentie (sometimes referred to as David Scoutie) the previous year. The ruling that led to the execution provided an important precedent used at later trials. The most thorough account of Glory’s crime appears in his appeal to the Arkansas Supreme Court, which was heard during the January term of 1853. Apparently, a group of Native Americans—including Doghead Glory, his brother Moses Glory, Youngbird (or Young Bird), George Potatoe, and Cassalowa—went to see a show being held near the boundary with Indian Territory (now Oklahoma). Around nightfall, Cassalowa approached a man identified only as Adair and …

Glover, D. D.

aka: David Delano Glover
David Delano “D. D.” Glover served in the Arkansas legislature (1909–1911), as prosecuting attorney of Arkansas’s Seventh Judicial Circuit (1913–1917), and as a Democratic representative to the U.S. Congress from Arkansas’s Sixth Congressional District (1929–1935). During Glover’s tenure in the Arkansas legislature, he chaired the Capitol Commission that oversaw the troubled completion of the Arkansas State Capitol building. D. D. Glover, the second of William H. Glover and Margaret Crowson Glover’s seven children, was born on January 18, 1868, in Prattsville (Grant County), where his parents owned a family farm. He attended schools in Prattsville and Sheridan (Grant County) and graduated from Sheridan High School in 1886. On December 24, 1891, Glover married Roberta Theodosia Quinn, whose father, Thomas W. …

Gould, Godfrey (Lynching of)

On July 30, 1896, an African American man named Godfrey Gould was lynched by a mob of more than 100 people in Brinkley (Monroe County) for having allegedly attempted to rape a woman. One early report of Gould’s alleged crime can be found in the July 22, 1896, issue of the Helena Weekly World, which reported that, on Monday, July 13, Gould “attempted to assault one of the gay damsels of his color, when she forcibly and effectively resisted by sending a ball [bullet] through his left cheek, passing out of his right eye.” He was soon arrested by Deputy Sheriffs Sell Johnson and J. A. Rogers, assisted by Deputy Sheriff W. B. Daizell, who “were mindful of his comfort” …

Graham, Fred Patterson

Journalist Fred Graham was the dean of television news Supreme Court reporting in the 1970s and into the 1980s. Building upon his tenure as the U.S. Supreme Court reporter for the New York Times, and as law correspondent for CBS News, Graham pioneered television coverage of the nation’s highest court. Later, he became involved in the launch of cable television’s Court TV, where he continued to report and offer analysis of the American legal system and legal issues in the United States. Fred Patterson Graham was born in Little Rock (Pulaski County) on October 6, 1931, to Otis and Lois Graham. His family included an older sister and two younger brothers. He received his early education in Texarkana (Miller County) …

Grand Gulf Affair

Grand Gulf Nuclear Generating Station is a nuclear-powered electricity-generating station on the eastern bank of the Mississippi River downstream from Vicksburg, Mississippi, near the town of Port Gibson. Issues surrounding the financing of the station convulsed politics in Arkansas for the last two decades of the twentieth century and continued to create legal controversy into 2022 over the financial harm the giant plant did to homeowners and other power users in Arkansas, Mississippi, and Louisiana. The state of Mississippi reopened the controversy before the Federal Energy Regulatory Commission in 2017 by alleging that Entergy had greatly overcharged Mississippians and others, perhaps by billions of dollars, and the other states eventually joined the litigation. Mississippi accepted a sizable settlement offer by …